GENERAL TERMS AND CONDITIONS OF SALE and LEGAL NOTICES
Article 1 : Preamble
The present conditions are concluded between, on the one hand, Laboa (Labsotex Creations EURL), represented by Mathilde Met registered in Le Mans under the Siren number 878496603, hereafter referred to as "Laboa (Labsotex Creations EURL)" and, on the other hand, persons wishing to make a purchase via the Laboa (Labsotex Creations EURL) website (www.laboa-shop.com), hereafter referred to as "the user". These conditions only apply to individuals who are not business people, are at least 18 years old and have the legal capacity to contract. The parties agree that their relationship will be governed exclusively by this contract, to the exclusion of any conditions previously available on the site. In the event that a condition is lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France. Laboa (Labsotex Creations EURL) undertakes to comply with all the provisions of the French Consumer Code relating to distance selling. The present general conditions of sale apply exclusively between the owner of the site and any person visiting or making a purchase on the site. Any Internet user may read the general terms and conditions of sale on the site. As these general terms and conditions of sale may be subject to change, the terms and conditions applicable are those in force on the site on the date your order is placed. Any order placed with laboa-shop.com implies acceptance of these conditions.
Article 2 : Responsibility for online offers
As regards the online shop, Laboa (Labsotex Creations EURL) is responsible for all the products and designs presented, as well as the general organisation of the shop.
Article 3 : Sales contract
The offers published on the website do not represent a binding invitation to place an order with Laboa (Labsotex Creations EURL). Any order placed on the website implies the acceptance of the present general sales conditions by the customer.
The user declares to have the legal capacity or to be the holder of a parental authorisation allowing him/her to place an order on the Laboa (Labsotex Creations EURL) website. Laboa (Labsotex Creations EURL) informs its users by e-mail of the shipment of their articles. This e-mail constitutes the acceptance of the order and thus forms the sales contract between Laboa (Labsotex Creations EURL) and the users.
Laboa (Labsotex Creations EURL) reserves the right to refuse any order for any reason whatsoever. This refusal will terminate the contract between the user and Laboa (Labsotex Creations EURL). The user will be reimbursed for his/her order.
The contract ends once the goods have been delivered to the address provided by the user.
The user places his/her order via the site. All contractual information is presented in French and will be confirmed at the latest at the time of delivery.
Order validation
The user declares that he/she has read the conditions prior to placing his/her order and acknowledges that validation of his/her order implies acceptance of the terms of the contract. The user also acknowledges that the terms and conditions are made available to him/her in a way that allows them to be preserved and reproduced, in accordance with article 1369-4 of the French Civil Code. In order to place an order, the user must provide Laboa (Labsotex Creations EURL) with data concerning him/her and fill out an online form accessible from the site. Until the final stage, the user will have the possibility to return to the previous pages and correct and modify his/her order and the information previously provided. A confirmation e-mail, acknowledging receipt of the order and containing all this information, will then be sent to the user as soon as possible. The user must therefore provide a valid e-mail address when filling in the identity fields.
Validity of the offer - Unavailability of products
The offers presented by Laboa (Labsotex Creations EURL) on the website are valid as long as they are visible on the website, within the limit of available stocks. The photographs and descriptions of the products are given as an indication, and may undergo modifications without Laboa (Labsotex Creations EURL) being held responsible or the regularity of the sale being contested. Upon receipt of the order, Laboa (Labsotex Creations EURL) verifies the availability of the product(s) ordered. In the event that a product ordered by the user is unavailable, Laboa (Labsotex Creations EURL) will inform the user by email as soon as possible. In case of unavailability, Laboa (Labsotex Creations EURL) commits to offer the user either an exchange or a reimbursement within 30 days of the validation of the order. In the event that one of the products in the order is out of stock, Laboa (Labsotex Creations EURL) will ship the remainder of the order.
Article 4 : Delivery/Shipping
Deliveries are made to several countries in and outside Europe. Products are delivered to the address indicated by the customer on the order form. Delivery times in France, Europe and outside Europe are estimated in working days (approximate times provided by the carrier); under no circumstances can Laboa (Labsotex Creations EURL) guarantee this time. This time is given as an indication. Therefore, any delay will not give rise to damages, withholding or cancellation of the order by the user.
Laboa (Labsotex Creations EURL) works with La Poste for deliveries within and outside Europe. La Poste offers a very reliable service. However, as with any shipment, there may be a delay in delivery or the product may go astray. Laboa (Labsotex Creations EURL) invites its users to communicate by email any delay in delivery. If the delay seems suspicious, Laboa (Labsotex Creations EURL) undertakes to take the necessary measures with La Poste to resolve the situation as soon as possible.
An investigation may last up to 21 days from the date of complaint. If during this period the product is found, it will be immediately redirected to the delivery address indicated on the order form, or to another address previously agreed between Laboa (Labsotex Creations EURL) and the customer. If on the other hand the product is not found at the end of the 21 days investigation period, the Post Office will consider the parcel as lost. In this case, we will not be able to take responsibility for the problem and the order will not be reimbursed to the customer. Laboa (Labsotex Creations EURL) declines all responsibility for the extension of delivery times due to the transporter, notably in the case of loss of products or strikes.
The user cannot claim any compensation for delivery delays, as long as Laboa (Labsotex Creations EURL) establishes immediate contact and that the damage is not intentional, and is not the result of negligence. If the method of payment chosen by the user for the return is not possible, even being proposed by Laboa (Labsotex Creations EURL) in accordance with the contract, due to a lack of income on the user's account or the transmission of incorrect data, the user will have to reimburse Laboa (Labsotex Creations EURL) or the third party instructed by Laboa (Labsotex Creations EURL) to control the payment of the costs incurred. Laboa (Labsotex Creations EURL) is not responsible for the parcel once it has been handed over to the postal service. Laboa (Labsotex Creations EURL) is not responsible for the parcel once it has been handed over to the postal service and is therefore not liable for any delay, theft or damage related to transport. In the event of a dispute, the user will deal directly with the relevant postal organisation.
Article 5 : In-store pick-up
Laboa (Labsotex Creations EURL) allows its customers to collect their orders in person at 29 rue des Marais, 72 000 Le Mans.
The order will be prepared within 24 - 48 hours after the order has been placed by the customer. Laboa (Labsotex Creation EURL) will notify the customer by email when the order is ready for collection at the address indicated.
The customer will be able to pick up his/her items from 9am to 5pm from Monday to Friday. Customers will need to bring their order and identity card as proof of ownership in order to collect their goods.
Customers will see collection instructions at the time of payment, on the thank you page and in the order confirmation e-mail.
Article 6 : Prices and availability
The prices of products displayed on the site are indicated in euros, inclusive of all taxes. Delivery prices are indicated separately, inclusive of all taxes, and vary according to the delivery address and any taxes that may be applied for each country, in Europe or outside Europe, and include postage, packaging and handling. Product prices are given for information only, subject to stock availability, and may be changed without notice. Delivery prices are given for information only and may be subject to adjustment depending on the country of delivery, or special express delivery requests.
Article 7 : Payment
Payment is made in the form chosen by the user by credit card or other payment methods (Paypal, cheque, money order, bank transfer or bank deposit). Laboa (Labsotex Creations EURL) holds the right to limit the payment methods available to the user based on the value of the order, the destination or other objective criteria. For payment by credit card, the user indicates the number of the card, its expiry date, as well as the name of its holder. For added security, they also enter the card's control number: the last 3 digits of the number on the back of the card, near the signature. If the method of payment selected by the customer is not possible, despite the terms of the Laboa (Labsotex Creations EURL) contract, in particular due to a bank account balance that is too low or incorrect bank details, the customer is responsible for all costs incurred by the intervention of a third party to resolve the payment. In order to guarantee a secure and confidential service, all financial transactions are handled by the following platform: Paypal and Stripe. We reserve the right to suspend all order processing and deliveries in the event of refusal to authorise payment by officially accredited bodies or in the event of non-payment. The order will not be processed until payment has been received.
Article 8 : Guarantee
Details, drawings, photos, technical data, weights, measurements and product descriptions included in brochures, catalogues, bulletins or price lists are for information purposes only. Laboa (Labsotex Creations EURL) does not guarantee the accuracy of this information. If the user detects an error in Laboa's (Labsotex Creations EURL) guarantee, the user has the right to demand a new version of the contract, a cancellation of the contract or a reduction in the sale price. In accordance with the regulations, Laboa (Labsotex Creations EURL) commits itself to respecting its obligations relative to the guarantees attached to the products sold on its site which appear in the articles extracted from the Consumer Code and the Civil Code hereafter: The seller is obliged to deliver a good in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging. Consumer Code - article L211-4.
To be in conformity with the contract, the goods must :
1) be fit for the purpose ordinarily expected of similar goods and, where applicable : - correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model. - have the qualities that a buyer may legitimately expect having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling.
2) or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. (French Consumer Code - article L211-5). Any action resulting from a lack of conformity must be brought within one year of delivery of the goods (Code de la Consommation - article L211-12). The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that reduce this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them (French Civil Code - article 1641). The action resulting from redhibitory defects must be brought by the purchaser within one year of discovery of the defect.
Article 9 : Delivery errors
The user must contact our services on the day of delivery or at the latest on the first working day following delivery (the postmark being taken as proof), to make any claim of error in delivery and/or non-conformity of the products in kind or in quality compared to the information given on the order form.
Any claim made after this deadline will be rejected. The formulation of this complaint with our services could be made:
- By email using the contact form on the website
- By email to the address given on the site's contact page (contact@Laboa (Labsotex Creations EURL)-shop.com)
- By post to the address given on the returns and exchanges form available on the site.
Any claim not made according to the rules defined above and within the allotted deadlines will not be taken into account and will release Laboa (Labsotex Creations EURL) from any responsibility towards the user. In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to Laboa (Labsotex Creations EURL) in its entirety, in its original packaging and accompanied by the returns and exchanges form available on the site, to the address indicated on the returns and exchanges form available on the site. In order to be accepted, all returns must be reported in advance to Laboa's Customer Service Department (Labsotex Creations EURL), in the manner and within the time period mentioned above. Laboa (Labsotex Creations EURL) is responsible for shipping costs, except in the case where the returned product does not conform or does not correspond to the original declaration made by the user in the return form.
In order to process the request correctly, the user must mention the order number and his/her full contact details.
Processing a return for a reference error :
After receipt and acceptance of the parcel by the services, depending on the nature of the product, available stocks and according to the user's wishes, Laboa (Labsotex Creations EURL) will offer to reship the product initially ordered or an exchange product with equivalent characteristics. If the user has chosen to be reimbursed, the total amount of the order (product(s) + shipping costs if the order is composed of only one product) will be credited back to the debited account within 15 days following the acceptance of the return. If the user has chosen to pay by cheque, this refund will be made by cheque.
Return costs : After having received and accepted the parcel as compliant, upon presentation of proof of the costs incurred, Laboa's customer service (Labsotex Creations EURL) will proceed with the reimbursement of the latter by the means of payment used.
Article 10 : Returns and cancellations
In accordance with Article L121-20 of the Consumer Code, the Buyer has a period of fourteen clear days from the date of receipt to return, at his/her expense, the ordered products for reimbursement or exchange. Laboa (Labsotex Creations EURL) grants an additional period of up to thirty firm days. Products must be returned to Laboa (Labsotex Creations EURL) in perfect condition for resale, in their original state (packaging, accessories, instructions...), duly sealed, and accompanied by the returns and exchanges form available on the website. Similarly, if the product includes a guarantee sheet or any other document to be completed, this must not be filled in for the buyer to be able to exercise his/her right of withdrawal. Any product that is incomplete, damaged, soiled, stained, damaged, contains animal hair or whose original packaging has been damaged will not be reimbursed or exchanged. This right of withdrawal is exercised without penalty, with the exception of postage costs.
In order to process the request correctly, the user must quote the order number and full contact details.
Please note : Upon receipt, Laboa services (Labsotex Creations EURL) will check the conformity of the returned product and the reason for return. If the returned product is not in conformity or if the return is made under a wrong reason, it will be refused by the customer service and sent back to the user, at his expense. The reason for the return may be changed. The user will then be informed by e-mail and the return will be processed according to the new reason. In the event of abnormal or abusive returns Laboa (Labsotex Creations EURL) reserves the right to refuse a subsequent order.
In the event of an exchange, the user returns the product at his/her own expense and Laboa (Labsotex Creations EURL) will pay the cost of returning the new item up to a limit of one time. From the second time onwards, the user will be responsible for all return shipping costs.
For an order of several articles, and if several articles are to be returned or exchanged, the user must return them together and Laboa (Labsotex Creations EURL) will return the articles together in 1 single shipment. If the items are returned separately and must be sent back separately by Laboa (Labsotex Creations EURL), the user will be responsible for the additional cost of the separate shipment.
Important : items ordered made-to-measure or with personalisation, at the explicit request of the customer, are neither exchangeable nor refundable.
Paypal will refund your return costs if you have used this method of payment. Click here to access the service and see the conditions.
Article 11 : Limitation of liability
Laboa (Labsotex Creations EURL) is in no way responsible for any other prejudices on life, body and health developed within the warranty period. Laboa (Labsotex Creations EURL) claims responsibility for damages caused by Laboa (Labsotex Creations EURL) or the activities of its partners (e.g. shippers) when they are premeditated or result from the negligence of the latter. The transmission of data via the Internet cannot guarantee that errors will not occur and/or that the site will always be available. Consequently, Laboa (Labsotex Creations EURL) accepts no responsibility for the availability or interruption of the online service.
Article 12 : Intellectual property
The use of this web service www.laboa-shop.com is reserved for strictly personal use. All trademarks, texts, comments, works, illustrations, and images, whether visual or auditory, reproduced on the website www.laboa-shop.com are protected under copyright law, trademark law, patent law, and image rights. They are the full and entire property of www.laboa-shop.com or its partners. Any reproduction or representation, in whole or in part, constitutes infringement liable to civil and criminal liability of its author. The act of affixing a hypertext link to the website www.laboa-shop.com, using the technique known as framing or deep linking, is strictly prohibited. The link to be deposited on other sites can only be directed to the URL www.laboa-shop.com.
Article 13 : Applicable Law and Competent Jurisdiction
These terms and conditions of online sales are subject to French law and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any disputes relating to the commercial relationship between the user and Laboa (Labsotex Creations EURL) are subject to the exclusive jurisdiction of the French courts. In the event of a dispute, an amicable solution will be sought before any legal action is taken. All relationships arising from the connection and/or use of this website are subject to French law.
Article 14 : Identification
Information and Legal Notices of the Website :
Owner and Publisher : LABOA (LABSOTEX CREATIONS EURL), Mathilde Met, 29 rue des Marais, 72000 Le Mans
Email : contact@Laboa.shop.com
Website : www.laboa-shop.com
Hosting : Wix.com
Characteristics of the Personal Information Collected :
The law "Informatique et Libertés" of August 6, 2004 applies to the data collected and displayed on this website. The user has the right to access, modify, rectify, and delete their data. They can request this electronically via email. The collected data is strictly reserved for Laboa (Labsotex Creations EURL) and will not be transmitted to third parties. In accordance with law n° 78-17 of January 6, 1978, relating to data processing, files, and freedoms (known as the "Data Protection Act"), this website has been declared to the CNIL under number 1801988.